Alex B. Kenzora v. HHS - Influenza, transverse myelitis (2016)

Alex B. Kenzora filed a petition alleging that he suffered transverse myelitis as a result of an influenza vaccination administered on October 19, 2007.

On April 30, 2013, Alex and the Secretary of Health and Human Services filed a stipulation agreement, which was incorporated into a decision by the special master on the same day. On May 6, 2013, the Court entered judgment awarding Alex compensation, including a lump sum payment of $104,737.34, reimbursement for a medical lien, an annuity contract, attorney fees, and litigation costs.

Alex accepted the judgment on May 7, 2013. Subsequently, Alex became concerned that his monthly annuity payments would not cover his nursing facility costs, which were higher than anticipated.

On March 13, 2015, he filed a motion for relief from the May 2013 judgment, seeking to set aside or alter the judgment to allow him to qualify for Medicaid. On September 25, 2015, the special master denied his motion, finding that the judgment was not executory and had no prospective application under RCFC 60(b)(5), that there were no changed circumstances warranting relief, and that RCFC 60(b)(6) did not apply due to the absence of exceptional circumstances.

The special master also determined she lacked the authority to modify the annuity payment. Alex filed a motion for review of the special master's decision.

On March 17, 2016, the Court denied Alex's motion for review and sustained the special master's decision, finding it was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.